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In case a customer avails of any Services online, the terms &
conditions mentioned there-in in addition to the following will apply.
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The commissioning of services is subject to technical feasibility
of the connection and realization of payment. The Company shall not be
responsible for any direct, consequential or other loss incurred or
suffered by the subscriber due to delay in installation or commissioning
of service. The company will refund payments received in the event of
non-feasibility.
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Service Plans available to the customer are more fully detailed in
the Price list which has been made available to the Customer by the
Company. This is fully detailed on our website,
www.trustlinktechnologies.in & is updated regularly with the current plan
list & details. The Company reserves the right to withdraw any Service
Plan, or amend the price of or entitlements under any Service Plan without
notice.
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Service entitlements of the Customer under the chosen service Plan
will be as applicable under the said Service Plan on the date of this
agreement. The company however at its sole discretion shall be entitled to
amend or modify the service.
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The connection should be used for the purpose of subscription and
the Customer cannot use the services for any other purposes.
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At the discretion of the Company, the Customer may be permitted to
change the Plan under which he/she/they have obtained the Service at such
additional cost which company may decide; subject however that such change
may not be made in middle of a billing cycle.
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The Company shall allot usernames/email ids on a first come first
services basis. E-mail service provided by the Company is free and on best
effort basis. Company reserves the right to make it chargeable in future.
Also company is not making any commitment regarding quality of email
services.
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All the terminal apparatus, including but not limited to cable
modem, drop cable, Ethernet card, if any, and any accessories
("Equipment") installed within or appurtenant to the premises of the
Customer in relation to the Services shall remain the property of the
Company unless expressly transferred to the Customer in writing through a
separate Bill of Sale of Transfer. However, the Customer shall be
responsible for the safety and care of the said Equipment and shall not
damage, alter or remove the same without the written consent of the
Company.
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The Customer undertakes that the Equipments shall at all times
remain in the custody of the Customer at the premises at which the
connection has been given by the Company, and shall be used only to
receive the Service and for the manner authorized under this Agreement and
no other purpose.
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The Customer will be fully responsible for the proper upkeep,
usage and safety of all the above-mentioned terminal apparatus during the
period of this agreement, i.e. from the date, which this Agreement comes
into effect. As such the Customer would be fully liable to pay the company
repair or maintenance charges for the above mentioned terminal apparatus
if the said terminal apparatus is lost or damaged due to improper usage or
tampering during the period of this Agreement.
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The Company is merely the supplier of the Equipment and not the
manufacturer, the Company makes no warranties of any kind, express or
implied, in respect to the same and also disclaims any warranty or
merchantability and/or fitness for a particular purpose, warranties in
relation to the Equipment will be made by the respective manufacturers of
the Equipment.
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In the event of termination of Service for any reason whatsoever,
the Company retains the right to recover any and all Equipment belonging
to the Company; and Customer shall permit authorized personnel of the
Company or its contractors to effect such removal without let or
hindrance, and without prejudice to any amounts due from the Customer to
the Company.
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No action, documentation, contracts or other material prepared by
the Customer or utilized by the Customer for contracting with any other
parties shall alienate, or seek to alienate, the Company's rights to
recover the Equipment in the event of termination or non-renewal of the
agreement.
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Payment can be made by way of A/c Payee cheque/Online/DD or Pay
Order drawn on any local bank in favour of "TrustLink Technologies Pvt
Ltd.". Payment must be made on or before the due date failing which the
Company shall be entitled to charge interest at the rate 18% per annum or
prevailing market rate of interest, if higher, on all the outstanding
charges from the due date and in addition shall be entitled to
discontinue/suspend the Services, without notice, at its sole discretion,
The Company shall have the right to adjust any security deposit paid by
the Customer against such outstanding amounts, in the event of such
adjustment the Customer shall restore the security deposit to the
specified amount within 3 days, such that the security deposit at all
times is maintained.
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Upon reaching of the expiry conditions, services shall be
suspended. However, the customer can get the services reactivated, by
subscribing to any applicable Renewal Pack.
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In case customer opts for termination of services, s/he has to
submit a formal written termination request to TrustLink Technologies Pvt
Ltd.. Modem Deposit, if any, would be refunded after adjusting
outstanding, if any, from the customer, after modem is returned. Refund
will be made only by cheque/NEFT, irrespective of mode of collection, in
favour of the subscriber's name as per the Company's records. Subscription
fee & one-time payments, including installation charges and Modem Rental
if any, will not be refunded in any case. No interest will be payable by
company on any amount of refund.
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The Company shall have the right to set off any and all amounts
paid by the Customer against any outstanding dues from the Customer to
Company.
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The customer shall be liable to pay charges for any excess usage
beyond the subscribed pack.
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The Company shall levy taxes on the prices payable by the Customer
as specified by the prevailing tax norms of the Government.
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The Company takes no responsibility whatsoever for the content on
the Worldwide Web, or access of any content whatsoever by the Customer or
any other person using the Service.
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The company is not responsible for any commitment, representation
or offering by the distributors or channel partners or dealers and the
customer are advised to check back with the company in case of any doubt
or any commitment etc received from anyone with regard to services of the
company.
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The Company will endeavor at all times to maintain an adequate and
reasonable quality of the Service. However, the availability and quality
of service may be affected by factors outside the Company's control such
as physical obstructions, geographic weather conditions and other causes
of electronic/electrical interference or faults in other telecommunication
networks or availability of poles to which the Network is connected or on
which network is built-up and shall not be liable for any consequences
arising thereof including but not limited to damage to customer's PC or
any other input or output devices of any types of kind connected to it or
any other property. Also, the Company makes no representation or
warranties as to the continuity or availability or quality of the
Services. The company shall not be obliged to grant any service credit for
disruption of services due to any reason outside its control.
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The Company makes no warranties on the Services provided herein,
whether express or implied, including but not limited to warranties of
title, non-infringement of any intellectual property rights or implied
warranties of merchantability or of fitness for a particular purpose. No
advice or information given by the Company, its affiliates or their
respective officers, employees or agents shall create a warranty. The
Company makes no warranty that the Services will be uninterrupted or
error-free or that any information, software, or any other material
accessible on the Service is free of viruses, works, trojan horses or
other harmful components and shall not be responsible for any consequences
arising thereof.
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The Company shall not be liable to the Subscriber/Customer for any
loss or damage whatsoever or howsoever, monetary or non-monetary caused or
suffered, directly or indirectly, inducing and without limitation, as a
result of delay in installation, non-availability or disruption in
services, loss of data, interruption or stoppage to the Customer's access
to and/or use of the internet/website/s, interruption or stoppage of
services due to any technical or non-technical reason, non-availability of
connectivity between the customer and the Company, ill or faulty
workmanship or error in network architecture. Company's sole obligation
and the Customer's sole and exclusive remedy in the event of interruption
of services by any of the means mentioned in this terms & conditions shall
be to use all reasonable endeavors to restore the services as soon as
reasonably possible.
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The Company reserves the right to confirm or verify the
information/details given by the Customer in this agreement at any other
time directly or through its agents and/or associates, and may require the
Customer to produce proof as necessary and applicable to substantiate such
information/details.
The Company retains the right to withdraw or terminate the Service
without notice in the event of:
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Wrongful, malicious or fraudulent representation by the Customer in
respect of the details required by the Company for provision of services
to the Customer.
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Non-payment of dues by the Customer in respect of installation charges,
hire or purchase cost of modem or other accessories, monthly
subscription charges and/or fees, dishonor of cheque issued by the
customer. The company reserves the right to levy a penalty for cheques
dishonored, at the time of restoration of service.
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Use of the services by the Customer for, or permission given explicitly
or implicitly by the Customer, or negligence by the Customer leading to,
illegal, malicious or immoral purposes.
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Use of the service for gambling, solicitation, email attacks or denial
of service attacks on any party or server, willful transmission of
viruses, malicious or nuisance emailing or messaging, diffusion of
immoral or pornographic material, commercial fraud, breach of copyright,
breach of law and/or other offenses.
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Any attempt by the Customer or his/her/their associates to pass
themselves off as agents, vendors, retailers, cybercafés or business
associates of the Company unless expressly authorized in writing by the
Company to do so.
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Damage to the Company's equipment or terminal apparatus provided to the
Customer for enabling the Service.
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Resale or unauthorized additional connections from the connection
supplied hereby to the Customer.
- Any breach of the terms of this Agreement by the Customer.
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Any change or alteration in the Company's network resulting in the
inability to provide the Service to the Customer.
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Complying with an order/request/direction from any Statutory/Regulatory
Government authorities.
The Company reserves the right to suspend the Services during
technical failure, modification or repair, or testing of the Services or
the Network.
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The Company reserves the right to terminate the services at any
time without assigning any reason by giving 30 days prior notice to the
subscriber.
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Post termination and/or suspension of Services, the Company will
not be responsible to return or provide access to the Customer for any
data of the Customer, whether or not stored in the Company's network or
systems.
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All terms of services by the Company shall be subject to the
license conditions as stipulated by the Government of India and/or Telecom
Regulatory Authority of India from time to time.
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The customer shall be solely responsible for the provision of a PC
with configuration to suit the requirements of the service opted for.
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The Customer shall not use any hardware or software which is
identified by the Government as unlawful or which would or does have the
potential to render the network security vulnerable.
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The Customer is required to fully comply with the laws of India
and more particularly the Information Technology Act, 2000, the Indian
Telegraph Act 1855, the Copyright Act, 1956 the Trademark Act, 1958 and
the rules made thereunder and any amendments or replacements made thereto
from time to time.
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The company accepts no responsibility or liability whatsoever for
commercial transaction of any nature including bookings, purchases,
contracts or agreements entered into over the Internet by the Customer or
any person or firm using the connection of the Customer.
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Customer will be responsible and liable for/and will indemnify the
Company in respect of liability for any and all use of the Customer's
account and all actions and costs incurred and for all use of the Services
accessed through the Customer's account or otherwise by virtue of the
provision of the Services to the Customer including but not limited to
claims for defamation, infringement of copyright or any other intellectual
property rights or for misuse of the service and any breach or
non-observance of any term of this Agreement by the Customer.
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All legal and beneficial rights, title and interest in or to or in
connection with the Service including intellectual property rights and
goodwill arising therefrom remain the Company's exclusive property. The
Customer is only licensed during the subsistence of this Agreement to use
and to have access to the Service. Upon expiry of or earlier termination
of the Agreement, the right of the Customer to use the Service shall
forthwith cease.
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The Customer may use VPN and encryption up to the bit length
permitted by the Department of Telecommunications.
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The Company shall not be liable for any failure or breakdown in
the service or any loss or damage caused to the Customer due to war,
hostilities, acts of terrorism, riots, strike, lockout, civil commotion,
earthquake, lightning, flood, accident, fire or explosion, act of god,
governmental acts, regulations or direction sanction or any other cause
not within control of the Company.
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The Customer and the Company agree that this Agreement has been
duly authorized and executed and is valid and binding and is enforceable
in law in accordance with its terms.
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In the event of any question, dispute or difference arising out of
or in relation to provisions of the Services, the same shall be referred
to arbitration. The arbitration shall be governed as per the Arbitration
and Conciliation Act, 1996. Pending resolution, the Customer will be
liable to continue to pay the charges for the Services. The arbitration
shall be held in Mumbai. Costs of the arbitration are to be borne by the
Customer and/or the company as decided by the arbitrators. The award of
such arbitration shall be final and binding on both parties.
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In relation to any arbitration under the terms and conditions
herein, the courts of Mumbai shall have exclusive jurisdiction.
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The terms contained hereinabove are over and above terms &
conditions governing the services as contained in the relevant tariff
leaflet, the website of the company including but not limited to the
privacy policy and disclaimers or any other terms & conditions as may be
stipulated by the company from time to time.
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Customer has agreed that any Wi-fi connectivity deployed by the
customer has to be activated only after it has registered for centralized
authentication with the Company. The Customer shall be liable for the
consequences arising out of non-compliance of this provision.
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The customer agrees to receive service balance and other
informative SMS sent by the Company from time to time on his/her mobile
phone.
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The Company reserves the right to modify, alter, change or amend
any or all of the terms and conditions contained hereinabove from time to
time, without any intimation to the customer, by way of updating the same
on the website of the Company.
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Device rentals will be charged even when the account is in
inactive mode for all rented/Shared Modem customers unless the device is
returned back to TrustLink Technologies Pvt Ltd..
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Plan charges and device rentals will be charged in advance;
however, excess MBs (MBs consumed over & above plan limit if any) used
will be billed in the next bill.
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Any unutilized “free MBs” offered as part of the plan availed will
not be carried over to the subsequent billing cycle.
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All allocation of free MBs will only be on a Pro-rata basis, for
the period for which the account has been active.
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In case of payment after the due date, late payment fees would be
charged as per the rate applicable.
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The services could get suspended prior to the due date, on usage
amount reaching the amount equivalent to the credit limit set by the
company.
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After a suspension period of 90 days, your account will be
deactivated and outstanding dues will be adjusted against the Security
Deposit, if any.
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Please Note: It will be the responsibility of the customer to
verify the identity of salesman/agent before handing over money,
particularly in case of cash payment. In case of any doubt regarding the
salesman or price of the plan, please confirm the same with our Customer
Care (numbers for the same are mentioned on the website). TrustLink
Technologies Pvt Ltd. will not be responsible for providing service in
case of non-receipt of money at its office.
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Please ensure that your PC is configured and Lan Card is made
available to ensure connectivity.
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Connectivity speeds depend upon the WEBSITES accessed as well &
thus are not solely NETWORK DEPENDENT.